The DC car accident statute of limitations and the contributory negligence rule
The DC car accident statute of limitations is three years. Call free to check your date and fault risk.
Washington, DC is one of the last places where a driver found even slightly at fault can recover nothing. That rule is called contributory negligence. You have three years to sue for injuries or car damage, under D.C. Code 12-301, but two other deadlines arrive much sooner.
The deadlines in District of Columbia
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | D.C. Code 12-301(a)(8) |
| Car or property damage lawsuit | Three years | D.C. Code 12-301(a)(3) |
| Shared fault | Any fault of a driver bars recovery | Wingfield v. Peoples Drug Store (D.C. 1977) |
| Minimum liability cover | $25,000 / $50,000 / $10,000 | D.C. Code 31-2406 |
| Notice to the District government | Six months | D.C. Code 12-309 |
| Wrongful death lawsuit | Two years from the death | D.C. Code 16-2702 |
The short deadlines hiding inside three years
If a District vehicle or a city road defect was involved, you must write to the Mayor within six months. The notice gives the time, place, cause and circumstances, under section 12-309.
PIP has its own clock. If you want personal injury protection benefits from your insurer, you must say so within 60 days of the crash, under section 31-2405. Choosing PIP can limit a later lawsuit unless the injury is serious or your costs exceed the benefits.
Contributory negligence in the District
The DC Court of Appeals put it plainly: contributory negligence bars a plaintiff’s recovery and there are no degrees of it, in Wingfield v. Peoples Drug Store. Drivers suing other drivers still face that rule.
Pedestrians and cyclists get a carve-out. Their own negligence does not bar them unless it was greater than all the defendants’ combined, under section 50-2204.52. Children also get extra time, since the clock waits until age 18 under section 12-302.
Insurance behind a District claim
DC owners must carry at least $25,000 per person and $50,000 per crash for injuries, plus $10,000 for property, under section 31-2406. Policies also include uninsured motorist cover. Insurers must offer PIP as an option, under section 31-2404.
When to call a DC car accident lawyer
Call before the 60-day PIP choice, because that choice affects whether you can sue. An attorney can also send the six-month notice if a public vehicle or road was involved. Since one admission can end a claim here, talk before any recorded statement. The call is free and the lawyer is paid only if you win.
Other states: Maryland, Virginia, Delaware, Pennsylvania or every state on one page.
District of Columbia car accident statute of limitations questions
How long do I have to file a car accident lawsuit in D.C.?
Three years from the crash for injuries and vehicle damage. A death claim has two years from the date of death.
Can I recover in D.C. if I was partly at fault?
As a driver, usually not. Contributory negligence bars recovery. Pedestrians and cyclists are treated more gently.
Is Washington, DC a no-fault jurisdiction?
Not fully. PIP is optional and you choose within 60 days whether to claim it. Taking it can limit when you may sue.
What if a District government vehicle hit me?
Send written notice to the Mayor within six months, then sue within the normal deadline.
Before the clock runs out
In D.C., a driver found slightly at fault can lose everything, so the insurer will look hard for blame. Call before you sign or give a statement and a lawyer will check the offer and your deadline free.
Call about my deadline(833) 716-6705
We pick up 24/7, go over your crash free and connect a car accident lawyer with no fee unless you win.